Wednesday, August 19, 2009

While rights groups are celebrating a newly-adopted family code in Mali that changes marriage laws and expands girls’ rights, Muslim leaders and youths have vowed, even threatening violence, to block the code from becoming law.

The code – under discussion for 10 years before its adoption on 3 August – includes more than 1,100 new articles, including setting the legal minimum age for marriage at 18, abolishing the death penalty, recognizing only secular marriages and expanding inheritance rights to girls. The code must be approved by the president to become law.

The secretary of Mali’s highest ruling Islamic council, Mohamed Kimbiri, told IRIN the council will do all it can to block enforcement. “This code is a shame, treason [for Muslims]…We are not against the spirit of the code, but we want a code appropriate for Mali that is adapted to its societal values. We will fight with all our resources so that this code is not promulgated or enacted.”

He said despite consulting members of the religious community on the code’s wording, parliament members ignored religious leaders’ suggestions and bowed to donor wishes.

“We do not want a code imported from donors, notably the European Union, which conditions its aid on certain social reforms, including the adoption of this code,” Kimbiri said. “The assembly adopted it under pressure. But we will not be pressured [into accepting] a code that is not ours.”

From 2000 to 2007 the European Union gave some US$640 million for poverty reduction in Mali.

But the president of a national women’s association of NGOs, Oumou Touré, said the family code is a “constitutional and democratic demand” that promotes social justice. “Many girls married at 10, 11 or 12 have died in recent years in the region of Kayes [500km northeast of Bamako]… The new code will put the brakes [on this] because the guilty will from now on be punished and fined.”

Amnesty International estimated in 2005 that more than 60 percent of young women in Mali married before the age of 18.

Threats

At a meeting called by the Islamic council on 9 August at the largest mosque in the capital Bamako, hundreds of religious and village leaders gathered in opposition to the code.

“We cannot ban traditional marriages,” said one of Bamako’s district leaders, Bouramablen Traoré. The president of a Muslim youth group, Amadou Bah, asked followers to “curse government officials who voted yes to the family code”, calling them “anti-Islamists” who “will be sanctioned by the All-Powerful”.

Religious leader El Hadj Koké Kallé intervened to stop would-be arsonists from reaching the National Assembly 100m from the mosque.

One of five parliament members who voted against the code, Abdoulaye Dembélé, said he could not risk upsetting his constituents. “I cannot go before my voters and tell them that religious marriages are not legal… that a woman should no longer obey her husband and that they should respect one another equally… If I do this, voters will punish me in the next elections.”

National Assembly President Dioncounda Traoré, one of 117 lawmakers who voted for the code, said all lawmakers must now educate their communities. “All representatives have the obligation to get information to their constituents about the advantages of this [proposed] law.”

Noise

The government has not yet indicated how it will enforce the proposed law.

Minister of Justice Maharafa Traoré told IRIN there will always be opposition to reform. “We cannot create change without triggering some noise; it is difficult to have unanimous agreement around any one reform. That is why we will educate citizens in order to…overcome all resistance.

“We never said the text [of the code] is perfect, far from it. But we will correct the gaps as the law is enacted,” the Justice Minister said.

Bamako-based Muslim leader Daouda Dia told IRIN the code contains needed changes. “Women have always been considered second rank here, which is not normal. We are all equal. I do not see any problem with the article that women and men should have mutual respect. If women have the money to contribute to family finances, I would not be against that.”

The difficult part is to get the word out to women about the new code, said NGO association leader Touré. “We know there are sectors that oppose the code that will sow discord in the citizens’ spirits.”

3 comments:

WHAT THOSE RELIGIOUS PEOPLE NEED IS EDUCATION. THEY NEED TO BE AWARE OF THE NEGATIVE IMPACTS OF SUCH ON THE GIRL CHILD.I WONDER WHY THEY USE RELIGION TO SUPPORT THEIR INHUMAN ACTS,..CAN YOU IMAGINE MARRYING A GIRL AT 11,12 OR SO?,..THIS IS RIDICULOUS,...ITS HIGH TIME FOR MORE WOMEN TO LEARN AND KNOW ABOUT THEIR RELIGION AS THIS MEN INTERPRET RELIGION AS TO HOW BEST IT WILL FAVOR THEM.

I do agree that people often brandish religion about when it best suits their needs. How many men will "lose out" if women and girls are able to inherit? A lot of education is needed here. People need to see how it will benefit women, but they also need to see how they themselves will benefit because I think people are often (though not always) driven by utilitarianism. Uh oh Rama and Sabby/Sebbie (which is it?) I think I sound like that provocative economist guy, Bazini or something...hahaha...he rocked! I wonder what he would say about this actually...

Minister of Justice Maharafa Traoré told IRIN there will always be opposition to reform. “We cannot create change without triggering some noise; it is difficult to have unanimous agreement around any one reform. That is why we will educate citizens in order to…overcome all resistance.

I totally agree with the above statement, I am sure it’s similar to the experience of the Domestic Violence Act that was passed in Ghana.In my opinion, I don’t think the new family code is asking for too much, these are basic human rights that need to be respected regardless of age, sex, and religious beliefs.Setting legal age of marriage to be 18 – to me this is logical; marrying someone below the age of 18 should be criminalized and punishable by the law of the country. “Many girls are married at age 10, 11, or 12” this is just bizarre, these girls are still children, their childhood is being taken away from them. This is just abnormal; I know people might say who are you to comment on this? But I think new are quick to blame the West for ideas that we don’t think fits our society. In the case of Fistula (Early marriage, domestic violence, female genital mutilation, malnutrition which is linked to under-development of the female body, and lack of education/illiteracy also put women at great risk for developing obstetric fistula). I think it’s about time the government/ NGOs start publishing these data’s. I watched a BBC documentary on Fistula in Northern Nigeria last year and it was very informative and eye-opening. I don’t think any parents will wish this for their daughters, in the documentary most of these girls that suffered from obstetric fistula were abandoned by their families. Recognizing only secular marriages• They can make amendment to this, this could be more inclusive so as to recognize the religious marriages and should subject it to the same conditions as of the secular marriages• Also I feel this goes along with the minimum legal marriage age, 18, so I see the reason why some people could be against thisExpanding inheritance rights to girls• This is just ridiculous what would it cost a family to give some of its inheritance to their female child?And Mr. Mohamed Kimbiri – I don’t understand how he could call “this code a shame & treason for Muslims” – I am sick and tired of people playing the religion card – so he wants a code appropriate for Mali??? Then maybe we should tell him to draft his own family code. I am starting to think that he doesn’t have a female childIf the Malian government received US640 million for poverty reduction for Mali from the EU, am sure the money wasn’t forced on them why couldn’t they refuse the money then and also call it a shame and treason for Muslims to receive aid from foreign donors, just B.S.

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